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Topic: Attorney Client Privilege

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Confidentiality - Wikipedia, the free encyclopedia Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. Also, a distrustful client might hide a relevant fact which he thinks is incriminating (because it shows motive), but which a skilled lawyer could turn to the client's advantage (for example, by raising affirmative defenses like self-defense). In such situations the lawyer may be able to notify the police, though they usually must first confront the client and try to convince the client to conform his or her conduct to the boundaries of the law. en.wikipedia.org /wiki/Confidentiality   (645 words)

ATTORNEY-CLIENT PRIVILEGE Confidential communications made by clients to attorneys in the course of the professional relationship are privileged. The privilege may be waived by resolution of the board of directors, by any executive authorized to act for the corporation in important matters, or by the corporation's attorney. The privilege covers communications to the clerks and agents of an attorney as long as they are assisting representation and the communication involves a subject within the scope of that representation. www.law.indiana.edu /instruction/tanford/b723/privilege.html   (1306 words)

Attorney-client privilege - Wikipedia, the free encyclopedia Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the information provided to the third party. When an attorney is not acting primarily as an attorney but, for instance, as a business advisor, member of the Board of Directors, or in another non-legal role, then the privilege generally does not apply. en.wikipedia.org /wiki/Attorney/Client_Privilege   (554 words)

Attorney/Client Privilege The attorney-client privilege is limited to those communications that the client intended to be confidential, or those communications that the client could reasonably assume, under the circumstances, would be understood by her attorney to be confidential. Clients and lawyers must fulfill their obligations to respond truthfully to discovery requests for factual information, and the protections offered by the attorney-client privilege will not prevent the disclosure of underlying facts essential to resolving the litigation. Documents that a client prepared for purposes not related to the attorney-client relationship, but later given to the attorney, are not privileged communications at all. paralegaltech.com /placement/employers/Ethics/courseware_samples/SampleChapter.asp   (2005 words)

Stetson Law -- Student Paper: ATTORNEY/CLIENT PRIVILEGE AND E-MAIL The doctrine of attorney/client privilege within the evidence code is "to be strictly confined within the narrowest possible limits consistent with the logic of its principle." [7] With this in mind courts have been more apt to err on the side of allowing potential privileged material to be admitted than keeping it out. The client, to an attorney, is always within a zone of duty because of the foreseeable nature that anything an attorney does could affect his or her client. Attorneys should inform their clients that the e-mail system is not a secure system and extremely sensitive information should only be discussed with encryption or over a different medium. www.law.stetson.edu /courses/tkeller.htm   (7932 words)

Office of Legal Affairs -- The Attorney-Client Privilege The privilege belongs to the client, and the attorney must hold client communications in the strictest of confidence. The privilege promotes full communication between an attorney and his or her clients, who need not fear that these communications will be disclosed to others. For the attorney-client privilege to protect oral communications, it is best to have an attorney from Legal Affairs participate directly in the discussion. www.uphs.upenn.edu /legal/atty.html   (742 words)

Attorney-Client Privilege, Under Attack Although the attorney-client privilege is a child of the common law and not of the Constitution, it has a time-honored history in the Anglo-Saxon jurisprudence upon which our rule of law is based. The law of attorney-client privilege is well established and endlessly litigated. The assumption is that attorneys and/or the interpreters they employ to communicate with incarcerated clients could be used by guilty detainees - either willingly, out of sympathy with the cause, or as naive dupes - to send messages to those outside about committing future acts of mass murder. www.law.com /regionals/ca/opinions/stories/edt1128_epstein.shtml   (1357 words)

CORPORATE ATTORNEY-CLIENT PRIVILEGE While the attorney-client privilege is designed to encourage candor in communications with legal counsel, the existence of the privilege may not be the primary factor influencing candor in the corporate setting. The purpose of the survey was to test knowledge of the attorney-client privilege and corporate policies relating to the privilege; factors that most influence candor in communications with corporate counsel; and the importance of the privilege in daily corporate operations. The attorney-client privilege protects communications between the attorney and client (1) related to the obtaining or providing of legal advice or assistance, if those communications (2) are confidential and (3) that confidentiality has been subsequently maintained. www.acca.com /public/article/privilege/ricesurvey.html   (2278 words)

What is attorney client privilege? But even though the client is the sole holder of this privilege, it is the attorney who must tell the client that such a privilege even exists. The attorney client privilege is the basis for which confidential communication must be protected when legal counsel is sought. This privilege is also only between the attorney and the client and does not include non lawyer personnel or jailhouse lawyers. co.essortment.com /attorneyclient_ritc.htm   (569 words)

The Corporate Attorney-Client Privilege Survives For practitioners facing pressure from the government to waive their corporate clients' attorney-client privilege, these two recent cases may help persuade both the government official involved and the client that the corporate attorney-client privilege has inherent value that should not be discarded lightly. As awareness of the assault on the privilege spreads, the natural result is that employees and principals of corporate clients are less willing to trust it and, consequently, less willing to be frank with the company's attorneys. It gave the client involved the opportunity to demonstrate that the document was in fact privileged and the exception inapplicable. www.law.com /jsp/ihc/PubArticleIHC.jsp?id=1121245511359   (1101 words)

Attorney-Client Privilege: CPAs and the E-Frontier The letter should state that all communications among the attorney, client and accountant are to remain confidential and that all CPA workpapers are the attorney’s property. Candid communication between a CPA and client is vital to providing the best possible service, but there may be pitfalls: If a client’s loss of a case turns on the inadvertent disclosure of an electronic communication, the attorney and/or accountant could be sued for malpractice or subject to disciplinary proceedings. Between the client or client’s representative and his attorney or the attorney’s representative. www.aicpa.org /pubs/jofa/apr2004/pacini.htm   (3845 words)

Understanding the Attorney-Client Privilege In short, while client and attorney communications themselves can be kept confidential, the facts that result in a physician’s circumstances cannot be kept confidential under the Privilege, and the physician cannot create confidentiality for those facts merely by discussing those facts with his or her attorney. Moreover, even in the case of a client’s communications with his or her attorney, the attorney must be acting in his or her capacity as an attorney at the time, with a reasonable expectation that the attorney is acting in that capacity. The Privilege’s essence is that the actual communications made between a physician and his or her attorney, such as the physician’s questions and the attorney’s answers, can be kept confidential. www.physiciansnews.com /law/1205.html   (1440 words)

The Attorney-Client Privilege Thus, communications that Dartmouth officials have with College attorneys, in confidence, for the purpose of seeking legal advice concerning institutional legal matters are protected by the Attorney-Client privilege. For the privilege to exist, the communication must be to, from, or with an attorney. clients should be encouraged to be completely truthful with their attorneys, so that the attorney's legal advice can be based on all relevant facts; www.dartmouth.edu /~legal/privilege.html   (382 words)

ASU OGC: Briefing Papers Attorney-Client Privilege The purpose of this privilege is to encourage a client to provide all relevant information to the attorney and to protect advice given during the course of the attorney-client relationship. The elements required to establish the attorney-client privilege are as follows: (1) a communication; (2) made between privileged persons; (3) in confidence; and (4) for the purpose of seeking, obtaining, or providing legal assistance to the client. The 1994 amendment extended the scope of the attorney-client privilege in civil proceedings to include paralegals and legal assistants in addition to attorneys, their stenographers, and clerks. www.asu.edu /counsel/brief/privilege.html   (837 words)

FOIA Update: OIP Guidance: The Attorney-Client Privilege Similarly, the attorney-client privilege is even broader than the attorney work-product privilege in one respect, in that it protects all confidential communications between client and attorney, not merely those made in anticipation of litigation. The purpose of the attorney-client privilege is to protect from discovery in civil litigation those "confidential communications between an attorney and his client relating to a legal matter for which the client has sought professional advice." Mead Data, 566 F.2d at 252. In sum, it is important to remember that the attorney-client privilege as applied under Exemption 5 of the FOIA is identical in its coverage to the privilege as applied in civil discovery. www.usdoj.gov /oip/foia_updates/Vol_VI_2/page3.htm   (1561 words)

What’s An Attorney Client Privilege Anyway? The attorney client privilege theoretically encourages clients to be completely truthful with their attorneys, since all attorneys are bound to keep such conversations confidential. With the attorney-client privilege in place, the legal advice rendered by the attorney can be based on all relevant facts. All communications by and between an attorney and his or her client are automatically privileged (or in other words - confidential). www.power-of-attorneys.com /privilege.htm   (804 words)

Journal of Accountancy: Accountants and the attorney-client privilege U.S. The law recognizes attorney-client privilege for communications between a client's employees and the client's attorney (or attorney's agent) when the communications facilitate the provision of legal services (Upjohn, 49 U.S. As a result, privilege may be used for inhouse accountant-attorney communications. The client asserted that two of the three accountants who worked for Mullen were licensed attorneys and the services they sought were legal in nature. In finding privilege applicable under the Diversified standard, the court noted that the burden of proof is on the party claiming the privilege to establish that all pertinent requirements have been met. www.findarticles.com /p/articles/mi_m6280/is_n4_183/ai_19290147   (1270 words)

"Attorney-Client Privilege" Defined While the privilege belongs only to the client, the attorney is professionally obligated to claim it on his client's behalf whenever the opportunity arises unless he has been instructed otherwise by the client. The objective of the privilege is to enhance the value which society places upon legal representation by assuring the client the opportunity for full disclosure to the attorney unfettered by fear that others will be informed. ATTORNEY-CLIENT PRIVILEGE - California Evidence Code section 954 states that 'the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer. www.lectlaw.com /def/a114.htm   (186 words)

Office of the General Counsel: The Attorney-Client Privilege This privilege encourages openness and honesty between attorneys and their clients because attorneys cannot reveal (and indeed cannot be forced to reveal) attorney/client communications. The Attorney/Client Privilege is a law that protects communications between attorneys and their clients and keeps them confidential. This privilege becomes especially important in the litigation context because privileged communications, whether written or oral, are not disclosed to the opposing party. www.stanford.edu /dept/legal/about/attorney_client.html   (198 words)

Silence is Golden—The Attorney-Client Privilege The attorney-client privilege, which dates back to the reign of Elizabeth I, was originally based on the concept that an attorney should not be required to testify against the client and, thereby, violate a duty of loyalty owed to the client. It has been held that corporate patent attorneys are engaged in conduct that qualifies for the attorney-client privilege when the matters in which they are engaged apply the law to facts known only to themselves and other employees of their client-company. Generally, in order for the attorney-client privilege to apply, there must be an attorney-client relationship and the communication must be made by the client in confidence for the purpose of obtaining legal advice. www.tms.org /pubs/journals/JOM/matters/matters-9706.html   (1106 words)

ATTORNEY CLIENT PRIVILEGE The court held: "...notwithstanding the trustee's fiduciary duty to the beneficiary, only the trustee, not the trust beneficiary, is the client of the trustee's attorney." Therefore, the beneficiaries of the trust cannot discover communications between the trustee and the attorney. DeShazo, No. 95-0873, Texas Supreme Court, issued unanimous opinion on February 9, 1996, regarding attorney-client relationship between attorney and trustee, versus attorney-client relationship with the beneficiaries. However, review those cases (1996 and 1997) in which the attorneys tried to wear more than one colored hat and had all of the beneficiaries in his/her offices for consultation or had represented some of those beneficiaries on a regular basis. home.earthlink.net /~laanderson/attyclie.htm   (221 words)

FindLaw's Writ - Amar: The New Regulation Allowing Federal Agents To Monitor Attorney-client Conversations Zolin, "the attorney-client privilege under federal law [is] the oldest of the privileges for confidential communications known to the common law. Much of what clients seek to discuss may be sensitive or embarrassing–for example, family disputes or personal finances–but the law has traditionally encouraged them to confide broadly in their lawyers so that they can receive proper advice about their legal rights and duties. Consider a situation in which a client is never prosecuted (perhaps because he is thought to be a "material witness," not a suspect), or in which prosecutors (but not investigators) are walled off from access to lawyer-client conversations. writ.news.findlaw.com /amar/20011116.html   (1679 words)

ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT IMMUNITY To the extent that a communication by an attorney is based on some other source—for example, public information or information from a third party—it is not protected by the attorney-client privilege. If the attorney is merely directing or transmitting documents or communications between the client and a governmental agency (such as the United States PTO or a foreign country’s patent office), without any request (or response to a request) for legal advice or services, Such conduct inevitably requires the practitioner to consider and advise his clients as to the patentability of their inventions under the statutory criteria as well as to consider the advisability of relying upon alternative forms of protection which may be available under state law. www.oblon.com /Pub/mccabePrivilege-Work.html   (6353 words)

Say Good-bye to the Attorney-Client Privilege by Paul Craig Roberts Arguing that the innocent have nothing to fear from their attorneys’ disclosures of their confidences, the DOJ has employed various means of subverting the attorney-client privilege. The last remaining right – the attorney-client privilege – is under full-scale assault by DOJ prosecutors in the tax shelter case involving the accounting firm, KPMG. The attorney-client privilege was long championed by jurists because they realized that the privilege promoted equality under the law. www.lewrockwell.com /roberts/roberts53.html   (816 words)

The Use and Abuse of the Attorney Client Privilege Foster’s attorney noted that the work product privilege extended to lawyers as well as clients and that the purpose of the doctrine was to protect the lawyers’ thought processes, even after a client’s death, creating a zone of privacy for the lawyers who had prepared a client’s case. It is unusual for attorneys to be sanctioned for abusing the attorney-client privilege. Thus, as it regards the evidentiary privilege, a lawyer must advise his client of the privilege, avoid waiving it inadvertently, and assert the privilege in a timely manner. www.courts.state.mn.us /lprb/98bbarts/bb0998.html   (1251 words)

Attorney-Client Privilege The attorney-client privilege appears to exist in order to encourage clients to speak freely with lawyers in order to obtain legal advice. Doesn't restricting the attorney-client privilege to communications only and not to communicative evidence that the attorney gets from the client (including who he is) discourage people from getting lawyers, particularly where they are trying to rectify their conduct? Present at the meeting is one of the client's employees, the client's daughter (whom he is babysitting at the time), and the lawyer's secretary. mason.gmu.edu /~mgreen1/PR2005QsIVA1.html   (321 words)

Federal Prosecution Policy and the Attorney-Client Privilege First, consider what distinguishes the corporation from the individual: In the corporate setting, the attorney-client privilege is unique in that it is the entity to whom the privilege attaches and not the individual employees who communicate with the attorney. According to the court, the privilege survived the death of the client and could only be abrogated in situations where doing so would further the dead client’s interest. Finally, we assume that clients would be unwilling to make full disclosure of facts to an attorney if the lawyer could be required to testify as to those facts. www.heritage.org /Research/LegalIssues/tst021105a.cfm   (3994 words)

Bush won’t release all Roberts documents - The Changing Court - MSNBC.com Fred D. Thompson, the former Tennessee senator who is guiding Roberts through the nomination process on behalf of the White House, said material that would come under attorney-client privilege would be withheld. Attorney General Alberto Gonzales said requests for documents would be considered on a case-by-case basis from the Senate Judiciary Committee, which will consider the nomination. WASHINGTON - The Bush administration does not intend to release all memos and others documents written by Supreme Court nominee John Roberts during his tenure with two Republican administrations, a White House representative said Sunday. www.msnbc.msn.com /id/8689573   (712 words)

Discovery: Privilege: Attorney Client Attorney-client privilege and work product held to protect claims adjuster's notes regarding discussion with another claims adjuster and employer regarding liability in case. State Fund [9/1/00] 2000 MTWCC 54 Letter from counsel for State Compensation Insurance Fund to administrator of Tort Claims Unit of State of Montana regarding notice of tort claim filed by workers' compensation claimant was an attorney-client communication and thus absolutely privileged from discovery. Conagara, Inc. 1994 MTWCC 24, WCC founds some documents protected by attorney-client privilege and others protected by work-product doctrine. wcc.dli.mt.gov /tools/Discovery_Privileges_AttorneyClient.htm   (218 words)

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